Circular No. 81/2014/tt-Btc: Regulations On The Regime To Provide Information, Reports For The Program, Project Loans Are Granted Government Guarantee

Original Language Title: Thông tư 81/2014/TT-BTC: Quy định về chế độ cung cấp thông tin, báo cáo đối với các chương trình, dự án vay vốn được cấp bảo lãnh Chính phủ

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
FINANCE MINISTRY
Number: 81 /2014/TT-BTC
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, June 24, 2014

IT ' S SMART

Regulations on the regime provide information, report to other countries.

The program, the loan project, is granted the government bail.

____________________

2009 Public Debt Management Base;

Base of Protocol 15 /2011/ND-CP February 16, 2011 of the Government on the Level and Management of Government bail;

Base of Protocol 01 /2011/NĐ-CP January 05, 2011 the Government on the release of Government bonds, bonds by the Government of the Government and local government bonds;

Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and structure of the Ministry of Finance;

On the recommendation of the Director of the Bureau of Debt Management and Foreign Finance;

The Minister of Finance issued a regulatory advisory on the provision of information, reports on programs, a loan project that was granted government bail.

Item 1

COMMON RULES

What? 1. Range and subject applicable

1. The adjustment range:

This information provides for the types of information, the report in which the Warranty, agency, organization, and individual is responsible for providing the Assent (Ministry of Finance) in the process of granting and administing government bail to programs, projects, and services. The loan was granted government bail.

2. Subject applies:

a)

b)

c) The lender/Recipient;

c) Agency, organization, individuals are involved in the process of granting and administing government bail.

What? 2. Reports

1. Report periodically: The quarterly report, 6 months, annually.

2. The report breaks out when the issue of issues related to the bail management business or at the request of the Ministry of Finance.

What? 3. Request for reporting, providing information information.

1. The guaranteed person is responsible for providing information, reporting on time and full by regulation, while ensuring timely availability in the event is required to provide information or report of a sudden.

2. The bail person is responsible for the accuracy, honesty of the information, the report provides.

3. The lender/recipient has the responsibility of the exchange, which provides information to the specified bail person at this Smart.

Item 2

SPECIFIC REGULATIONS

What? 4. Provide information before the bail level

1. Provide information when appraisal and grant level:

In addition to the filing of the prescribed bail at the Digital Decree 15 /2011/ND-CP February 16, 2011 of the Government on the Level and Management of Government Security and Decree 01 /2011/NĐ-CP The Government's May 05/01/2011 issue of Government bonds issue, bonds issued by the Government of the Government and the local government bond, the project owner (after the so-called bail-granted bail) needs to provide the Additional Information. Sung by:

1.1. Information about the principal shareholders (common information such as name, address, charter capital, main business profession, the governing body and the three-year financial reporting);

1.2. Project information:

-Sector Development Planning, the region with regard to the Project and relevant approved documents of the competent authority.

-Evaluation of the source of inputs for the project, transport conditions.

-Evaluation of product consumption, market conditions.

-Technology, the equipment of the shopping investment project.

1.3. The financial report for the first six months of the year was the time of a bail proposal at the end of the fiscal year.

1.4. The loan plan of the loan is consistent with the process of deployment of the project, which details the amount of capital expected each year.

1.5. The annual equity layout plan and other records (if any) demonstrate the equity income capacity.

1. 6. The text approved the loan proposal, which issued bonds to recommend the government's bail government.

1.7. The written opinion of the Provincial People's Committee where the project's implementation of compensation works, the launch of the project by project, evaluated the environmental impact and the activity of the investment owner on the site.

2. Provide information before negotiating a loan agreement:

2.1. Prior to the funding of the loan capital required to bail out the government for any loan organization, the borrower was responsible for providing the Ministry of Finance to give a loan of the loan to consult and participate in negotiations if necessary.

2.2. Before the conduct of the negotiation of legal filings with regard to the loan, the bond release, the borrower provided the Treasury of the prescribed records at the point a), paragraph 3, Article 10 of the Digital Protocol. 15 /2011/ND-CP February 16, 2011 of the Government on the Level and Management of Government Protection.

What? 5. Report to every single bond issue

The report for each of the bond releases is carried out by regulation at Article 19 and Article 20 of Digital. 34 /2012/TT-BTC On March 1, 2012, the Treasury Department's Guide to the Bond Issued was issued by the government.

What? 6. recurring reports in the time of bail

The bail person is responsible for providing the Ministry of Finance:

1. The quarterly report on capital withdrawal, repayment to the project:

1.1. Report deadline: Within the first 10 days of the quarterly surrender phase.

1.2. Report Content

The report needs to provide the full amount of detail that once withdrew the capital, pay the debt (the root, interest, fees and bail fees) of the loan granted by the previous quarter ' s bail. (a template at the Annex 1 issued by this message):

a) the name of the loan, the lender, the borrower, the scribe, the lender;

b) The day of the withdrawal, the debt;

c) The amount of capital withdrawal, the debt;

d) Interest rates, applicable fees from the date of capital withdrawal, repayment of the corresponding debt;

) Excess debt to the date of capital withdrawal, repayment of the corresponding debt.

e) The purpose of use of capital withdrawal in the term (note category or service must be paid).

2. The 6-month report on the project execution:

2.1. Report deadline: Within the first 10 days of January and the first 10 days of July every year.

2.2. Report content:

2.2.1. Report in withdrawal phase:

In addition to the six-month data must be reported according to the specified pattern and content at point 1. 2, paragraph 1, article 6 of this Information, The Reserve is responsible for reporting the theory of the implementation of the project implementation of the project in the period of capital withdrawal, including the following:

a) The situation implementation of the project, assessing progress made against the original plan (which specifies the percentage of the achieved percentage);

b) The amount of capital withdrawal and repayment to the time of the report (in the form at Annex 1 issued by this message);

c) Capital contribution or equity layout according to the commitment of shareholders or of the parent company (absolute value), compared to the original planned plan (in percentage percentage);

d) The advantages, difficulties entangled in the course of execution;

) Proposal for handling, unentanging, difficulty (if available) with the Ministry of Finance and the governing body;

e) For projects that are in financial difficulties and have to borrow funding from the Debt Repayment Fund or the State Budget to pay the debt, the Accountable is responsible for providing an additional payment of the debt to the Fund for Debt Repayment or the State Budget (under the template). at Appendix 2 issued by this message) and evaluated the ability to repay the debt in the next period, stating the source of the debt and proposed the expected measures to rectify the current fiscal hardship and the opinion of the governing body on the measures. Yeah.

2.2.2. Report in the operating phase until the end of the secured loan includes the following content:

a) The amount paid on the terms of the payout in the report and the balance of debt (according to the template at the Annex 1 issued by this Information);

b) The operating situation, factory operating capacity, the consumption of product consumption and market assessment of the product, the situation for the supply of service goods, the results of business production;

d) The advantages, difficulties entangled in the operation;

Proposed (if any) with the Ministry of Finance and the governing body to resolve the existing entanged;

e) For projects that are in financial difficulties and have to borrow funding from the Debt Repayment Fund or the State Budget to pay the debt, the Accountable is responsible for providing an additional payment of the debt to the Fund for Debt Repayment or the State Budget (under the template). at Appendix 2 issued by this message) and evaluated the ability to repay the debt in the next period, stating the source of the debt and proposed the expected measures to rectify the current fiscal hardship and the opinion of the governing body on the measures. Yeah.

3. Financial Reporting:

The bail-in is responsible for sending the quarterly financial statements and financial statements of the year (which has been audits and confirmed by the State Audit agency or an independent audit firm) of the insured and of the established business to manage, operation Project (the case of a business establishment) for the Ministry of Finance 10 days after the official circulation of that financial report by regulation.

4. The report review concludes the construction phase:

4.1. Report deadline: 06 months after the last record receipt date.

4.2. Report content:

The review report concludes the construction phase of the content:

a) The progress of the implementation of the project compared to the plan; clear the cause of the implementation results (nh/slow compared to expected progress, reason and treatment measures);

b) The total cost of implementation of the Project compared to the General Investment has been granted with the approval authority which specifies the value of the solution from the project capital/equity source and the loan capital of the Project;

c) Total debt repayment (original separation, interest, fees of types) during the construction phase;

d) The results of the project deployment under the original goal;

) Evaluating the ability to operate (expected capacity for the next 3 years) and the ability to repay debt in the future of the project;

e) The complete debt-payment schedule for the entire loan is secured according to the total amount of capital already withdrawn (according to the template at Annex 3 issued by this Information).

5. Report concludes the loan:

5.1. Reporting deadline: One month after the execution of the debt to the final deadline.

5.2. Report content:

The report ends the loan:

a) The general information on the loan, namely:

-Number, date of the loan contract;

-To the loan.

-The borrower.

-The day of the bail.

-The loan amount;

-Limited conditions, interest rates, loan fees;

-The proceeds and the details of the withdrawal.

-The amount paid and the number of payments, interest, fees;

-The confirmation letter paid off the loan's debt, which detailed the amount of money paid by the payment of the debt;

-The amount of bail paid (detailed manifest).

What? 7. Breakthrough Report:

1. Report upon the extension of the capital withdrawal time, adjust the loan debt time:

1.1. Case report case:

The report is filed when the bail is recommended to renew the withdrawal period or adjust the payment period.

1.2. The report deadline: 15 days before the expiration date of the capital withdrawal or before the next payday.

1.3. Report content:

a) The project implementation of the project and the rationing process led to the need to renew, adjust the contents of the loan;

b) The impact assessment, effect of the extension, adjustment of the loan to the project and the payment of the loan debt; updates of the financial methodology and the ability to repay the debt of the insured after the extension; the measure of overcoming the impact on debt repayment. The loan of the given bail (stating the source of the debt);

c) Time is expected to complete the project.

2. Report when there are changes and issues of adverse issues:

2.1. Case report case:

Cases of change and giving birth to the adverse issue must report to the Ministry of Finance including but not limited to the following cases:

a) Project of slow deployment of progress compared to planned withdrawal plans from 6 months or more;

b) The 6-month slowest investment equity holder by commitment at the financial method has granted authority to consider a bail grant (shareholders do not contribute in the case of the holding company and the parent company does not grant capital in case of a liability company). A member is limited to one member);

c) The project only reached 50% of the expected capacity in the first year of operation;

d) The rate of product consumption for the year has only reached 50% of the plan, which affects the company ' s revenues and is likely to influence the debt-based debt paid by the Government of Government;

Expected to have a change in the large shareholder structure, the founding shareholder or company model by the decision of the Board of Directors of the Company or of the competent authorities;

e) Developing the issue concerning the secured property, the collateral of the loan;

g) To develop other adverse effects by the regulation of the Contract of the Capital, the Government of the Government.

2.2. Report deadline: Within 10 days of the birth of any changes or events that may have an adverse effect on the implementation of the project and the repayment of the insured's loan debt.

2.3. Report content:

The given is responsible for reporting the Ministry of Finance in terms of status, situation, cause and disposal measures.

3. Report when the person is granted the transfer of the transfer, the transfer of the shares, which contributes to the third party:

3.1. Case report case:

The bail person is responsible for reporting the Ministry of Finance in the following circumstances:

a) The person who is granted the transfer of the transfer, the transfer of the shares, which contributes to the third party in accordance with Rule 3, Article 15 Decree 15 /2011/ND-CP 16/02/2011.

b) The person who is given a bail or a large shareholder or shareholder has a need for transfer, transfers from 5% of the charter capital to the third party when the bail is not done listing the stock or registration of trading on the market.

The transfer, the transfer of shares, which contributed to the third party did not change the responsibility of providing the information of the bail.

3.2. The deadline of reporting: Within 30 days of the Resolution and the border of the Board of Directors approve the transfer, the transfer of the shares in accordance with the provisions of the Corporate Law, Securities Law and Corporate Charter.

3.3. Report content:

The bail person is responsible for reporting to the Ministry of Finance of the following related information:

a) a list of great shareholders;

b) The number and properties of the expected share of transfer, transfer;

c) Organizations, individuals expected to receive transfers, transfers;

d) transfer method, transfer;

Li, transfer, transfer;

e) The responsibility of the parties in the transfer transaction, transfer;

g) The responsibility for the implementation of the relevant obligations of the Secured Person, of the large shareholder according to the current regulation when transfer, transfer and execution capacity;

h) The resolution and margin of the Board of Directors approve the transfer, transfer of the shares in accordance with the provisions of the Corporate Law, Securities Law and Corporate Charter.

i) The nearest financial report (before 6 months from the time of the proposed filing of the transfer transfer) of the Bail Recipient, of the partner expected to receive the transfer, transfer (if available).

4. Report when the lender (the recipient of the bail) makes the transfer, transfer the loan to the third party or alter the agent bank:

4.1. Case report case:

When the lender (the recipient of the bail) recommended the borrower (the bail recipient) agree on the borrower transfer of the loan to a third party or multiple parties, change the bank of the agent and offer the approval of the lender. bail.

4.2. The deadline of reporting: Within 30 days of the date received by the recipient of the recipient of the Bail Recipient agreed to agree to the transfer of the loan, change the bank of the bank to the loan secured by the Government.

4.3. Report content:

The given person is responsible for providing the Ministry of Finance of the following information and documents:

a) The proposed letter of the lender (the recipient of the bail) on the acceptance of the transfer transaction, the transfer, the other relevant agreements between the parties or the change of the agent bank for the loan to the Government of the Government;

b) Report on relevant obligations between the parties in the transaction, the changes in the obligations of the recipient of the Recipient, the agent bank and the Secured in the transaction (if present) and the treatment direction;

c) The transfer price at the request of the Recipient;

d) The opinion of the protoner of the transaction;

The case of the lender transfers the loan, which changes the bank of the bank but does not need the bail's approval, the given is responsible for informing the bail person to update the Project Profile.

5. Report at the request of the Patron:

5.1. Case report case:

When the Ministry of Finance has a request for a report to break out information regarding the project or loan, the bond issue is secured by the Government.

5.2. The report deadline: Within five days of work since the date of receiving the requested public, is sent by the official route via the post office or by fax or send a direct report to the Patron.

In order to meet the time limit, the information provided by the bail person can be transferred by fax according to the fax number stated in the bail request's request. The main text is sent to the bail-in-line.

5.3. Report content:

The contents report on the specific requirements of the Patron.

6. Report without ensuring the ability to pay the debt:

6.1. Case of report: When the person is to receive financial difficulties and does not guarantee the possibility of short-term debt payment (a payment of debt) or long term (from two or up) to the loan, the bond release is warraned by the Government or for a loan. Mandatory loans from the Fund for Debt or State Budget.

6.2. Report deadline: The delay is 45 days before the payment to the deadline by decree of the decree. 15 /2011/ND-CP 16/02/2011.

6.3. Report content:

The report requires full assurance of the following content:

a) The status of the project implementation at the time of the bail of the bail does not guarantee the ability to repay the debt and specify the reason for the difficulty of entanging;

b) The financial situation of the Guaranteed, accompanied by the latest 6-month financial report and stating the reason not to guarantee the possibility of payment;

c) The ability and support measures of the parent Company, the founding shareholders, the majority shareholder of the insured have been and will perform in the financial support under the pledge when the bail level is accompanied by a financial report by the parent company or shareholder in dominant 6%. the nearest month;

d) The proposal, the petition to the Conservative for the payment of the debt is preserved under the current regulation;

The operational plan of the insured during the time of the offer of financial support, the source of the project, the expected source of debt, and the plan to repay the debt.

e) The opinions of the parent Company, the founding shareholders, large shareholders and the governing body on the status and proposal of the Secured.

What? 8. Coordinate the exchange of information between the Patron, The Bail, the lender/The recipient of the bail.

In order to enhance the quality, efficiency in the management and management of the government, the mechanism of coordination exchanges between the patron, the Secured, The Lender/The recipient is as follows:

1. During the period of the bail-level appraisal, the Patron, the Secured, The Lender/The recipient of the Exchange of Information Exchange-related information relating to the Project offer the bail under the requirements of each party.

2. During the execution of Project:

a. The bail person is responsible for providing information concerning the project under the provisions of the loan financing contract to the lender/the recipient of the bail.

b. The lender/recipient makes the examination, which oversees the execution of the Project by regulation in the loan funding contract and depends on the security obligations of the specified parties in the loan financing contract, which shares the project. with the guaranship (the Ministry of Finance) that the monitoring of the project execution or any information that is relevant to the event may affect the ability to pay the debt of the Project to take timely treatment.

3. In the earliest time possible since the date of receiving a bail claim on the co-ordination of the provision of information or since the day the lender/Recipient knows the event is likely to affect the project ' s ability to pay the debt, the lender said. The recipient/recipient in the scope allows the coordination to provide written information to the Patron.

4. Conservatives, Conservatives, lenders/Recipient may ask for face-to-face meetings between the parties when there is a request for information sharing and to develop the problem of handling for one of the stakeholders involved.

Item 3

BREACH PROCESSING

What? 9. Process violation of information supply mode, report of the State of the State.

1. The organization in violation of the provision of information, the regulatory report in this Information is subject to the current regulations in the field of public debt management.

2. The case of the bail-held violation of the regulations of the regime provides information, reported three times in a row, the Ministry of Finance reported the Prime Minister. The Ministry of Finance requires the parent company, the main shareholder to examine the status of the secured, the Ministry of Finance reports. In case of the report, the bail man continues to violate the regulation of information provision, the Ministry of Finance reports the Prime Minister does not consider granting bail to other Secured Projects, at the same time the Treasury will coordinate with the agency. It's relevant to the organization to examine the project and the financial situation of the bail.

Section 4

THE ORGANIZATION.

What? 10. The effect of execution

1. This message has been in effect since 10 August 2014.

2. During the implementation process, if the written legislation of the law is shown to apply at this message is modified, added or replaced by the new text, it will apply in accordance with the new text.

3. In the course of execution, if there is an entangrium or unguided in this Smart, recommend the agencies, the relevant unit that reflects in time for the Ministry of Finance to guide, coordinate the solution ./.

KT. MINISTER.
Chief.

(signed)

Cheung Chi